Can All Debts be Eliminated in a Utah Chapter 7 Bankruptcy

The primary goal of a West Jordan Chapter 7 Bankruptcy is that after discharge, you will be debt free, back on your feet, and receiving a fresh start to financial freedom.  However, there are some debts that are generally not discharged in a Utah Chapter 7 Bankruptcy.

  • Secured debts. If you have a debt that is secured by an asset like or a house, car, or furniture, then the general rule is that if you keep the property then you keep the debt secured by the property.  If you surrender the property in a Utah Chapter 7 bankruptcy, you can also discharge the debt.
  • Income taxes. Income tax can be dischargeable in a Utah Chapter 7 Bankruptcy, but there are limitations.  Generally, in order to be dischargeable, (1) the tax is income based; (2) the taxes are more than three years old since the due date; (3) the tax returns were filed timely;(4) there was no fraud and/or attempt to evade the tax; and (5) the taxes were not assessed within the last 240 days.  If all the above conditions are met, you may be able to discharge your tax debt in a West Jordan Chapter 7 Bankruptcy.
  • Student loan debt. This kind of debt, if it was made or guaranteed by a governmental agency or a nonprofit institution, is not dischargeable unless you can show “undue hardship”. To show an undue hardship you must establish that (1) based upon current income and expenses that you cannot afford a minimal standard of living; (2) that your current financial condition is unlikely to improve; (3) and that you have made a good faith effort to repay the student loans.  It is not easy to discharge student loans in a Utah Chapter 7 Bankruptcy.  If you are unable to discharge your student loans in a Utah Chapter 7 Bankruptcy, you still have options in a Utah Chapter 13 Bankruptcy.
  • Alimony and Child Support. This kind of debt cannot be discharged under any circumstance. Also, if a debt has been incurred in the course of a divorce, even if it is not alimony or child support, it is not dischargeable.

The laws surrounding the dischargeability of a debt can be complicated and fact specific.

Please call me today at (801) 432-8682 to discuss your specific situation and how Bankruptcy may be right for you.

bankruptcy lawyer
Bankruptcy Attorney
Ryan E. Simpson
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088United States
Telephone: (801) 432-8682
Ryan E. Simpson
5.0 stars – based on 3 reviews
Salt Lake City, Utah

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Reviews for Ascent Law LLC Salt Lake City, Utah

Ascent Law LLC Reviews

John Logan

starstarstarstarstar (5)

We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.

Ascent Law LLC Reviews

Jacqueline Hunting

starstarstarstarstar (5)

I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!

Ascent Law LLC Reviews

Anthony Ziegler

starstarstarstarstar (5)

This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need.  My sister needed bankruptcy and I needed divorce.  Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!

Ascent Law LLC Reviews

Thomas Parkin

starstarstarstarstar (5)

Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.

Ascent Law LLC Reviews

Yeran Merry

starstarstarstarstar (5)

I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with.  They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most.  When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.

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